sary, the most likely to promote it. It was a permanent body; its members, elected for a longer time, were most likely to be conversant in the great political interests which would be agitated, and perhaps it was supposed that, as representatives in one point of view rather of the states than of the people, a federative quality appertained to them not wholly unconnected with the nature of a foreign compact.

The reasons stated by Rawle are those which have always been understood to have influenced the Constitutional Convention in vesting the treaty-making power in the President and Senate. These reasons were no doubt excellent at the time (though now steadily growing less and less cogent) and fully justified the Constitutional Convention in making the decision which it did concerning the depositary of the power to make ordinary treaties. But these reasons did not have in 1787, and have not now, any application to that extraordinary treaty-making and constitution-making power which is exercised when an independent state enters into a treaty of union. In this extraordinary case, there is no need for either secrecy or dispatch. The need is for publicity and for slow and calm deliberation. There is no reason to suppose that the Senate will be more "conversant in the political interests" involved than the whole Congress of the United States. Such a treaty is not entered into primarily by the states of the Union, but by the people of the United States primarily and by the states incidentally, and the Congress of the United States is, by the law of nations and the Constitution, the guardian of the vital and fundamental interests and rights of the people of the United States when these great interests are affected by a constitutional document having the form of a treaty, which is proposed to the United States for its adoption.

The effect of the proposed Covenant will be, as has been above shown, to change our relations with all the states which shall be members of the League from foreign relations into external domestic relations. If this be its true effect, the fact will be that, in case the United States shall decide to enter the League, it will find itself without proper organs to enable it to maintain its rights and to fulfil its duties under the League unless it shall previously have instituted such organs. The State Department is organized to deal with foreign relations; the others to deal with internal relations. It is not generally realized that we have always had some external domestic relations. We have always had external domestic territories which were incorporated into the Union; and by the Spanish War we acquired insular countries which are still in subordinate and dependent union with the United States. Our relations with some of these subordinately united countries are in charge of the War Department; our relations with others of them are in charge of the Interior and Navy Departments. The use of these departments as organs of the government for handling these kinds of external domestic relations serves for the present in view of the powerlessness of these subordinately united regions; but such use of the existing departments will not be possible when the vast volume of external domestic relations which will arise from the moment when the League comes into operation, and which will daily grow in extent and insistency, is poured upon the United States. In order to meet this new situation successfully, it will be necessary to be prepared in advance with suitable organs of government, under penalty of the vast loss which is certain to be caused to any nation in every case in which it permits itself to be unprepared to meet a great emergency.

A question which the United States must face and at once settle, if it decides to enter the League, therefore, is: What kind of an organ is necessary to handle successfully the new external domestic relations of the United States with the other states of the League? The answer would seem to be that there must be a new department of the government to deal with these relations. On account of the mixed character of these relations, it seems that the new organ or department should be composed of the heads of those existing departments which deal with our foreign relations and with such of our domestic relations as have an international aspect. The action taken by Congress during the war in establishing the Council of National Defence, would seem to furnish a precedent in instituting the new organ. When the United States entered into association with the powers of the European Entente, to prosecute the war against the Central Powers, its relations with the Entente Powers became, for the period of the war, assimilated to external domestic relations rather than to foreign relations. In order to prosecute the war successfully, there had to be both national concentration and international cooperation. To meet the situation arising from the existence of these new relations, there was established by act of Congress (Army Appropriation Act, approved August 29, 1916, Sec. 2, U. S. Statutes at Large, Vol. 39, page 619, 649, 650) a Council of National Defence which was virtually a department of the government, but was of a composite character. The function of the new department was declared to be "the coordination of industries and resources for the general welfare." It was provided that there should be two parts of the new organ, an upper and a lower body. The upper body, or Council of National Defence proper, was to consist of the Secre

tary of War, the Secretary of the Navy, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce and the Secretary of Labor. The lower body was called the "advisory commission." The act provided that it was to be composed of not more than seven persons, nominated by the Council and appointed by the President, and that each of these persons should "have special knowledge of some industry, public utility, or the development of some natural resource, or be otherwise specially qualified, in the opinion of the Council, for the performance of the duties" of the department. Provision was also made for the appointment of expert sub-commissions and of individuals as expert investigators. The duties of the Council, as specified in the act, were, as follows:

To supervise and direct investigations and make recommendations to the President and the heads of executive departments as to the location of railroads with reference to the frontier of the United States, so as to render possible expeditious concentration of troops and supplies to points of defence; the coordination of military, industrial and commercial purposes in the location of extensive highways and branch lines of railroad; the utilization of waterways; the mobilization of military and naval resources for defence; the increase of domestic production of articles and materials essential to the support of armies and of the people during the interruption of foreign commerce; the development of sea-going transportation; data as to amounts, location, method and means of production, and availability of military supplies; the giving of information to producers and manufacturers as to the class of supplies needed by the military and other services of the Government, the requirements relating thereto, and the creation of relations which will render possible in time of need the immediate concentration and utilization of the resources of the Nation.

The reason why this statute was adopted and the new organ or department instituted was that it had been found by experience that the external domestic relations of the United States with its associates during the war could be handled successfully only by a new department of the government adapted to bring about the requisite national concentration and international cooperation. In order to cooperate in a military association with other states, the United States found it necessary to visualize itself and to act, as a unit of a union, for producing and placing in the field an army and navy provided with adequate food, shelter and munitions of war, so long as the war should last.

Peaceful cooperation with other states will also require the United States to visualize itself and to act permanently, as a unit of a union for producing and placing in the field an army of organizers and workers provided with adequate food, shelter, and the appurtenances of civilization adapted to the pursuit of happiness, for utilizing the materials and forces of nature for human benefit and equitably distributing the product among the states, peoples and individuals of the world. In order to deal successfully with these new and vast external domestic relations which will arise under a union which, like the one proposed, is "to promote international cooperation and to achieve international peace and security," it will be necessary, it would seem, to institute by act of Congress, a new organ or department of the government, based on the principles of the Council of National Defence. The new department might perhaps be called "The National Council of International Cooperation." It might be composed of the Secretary of State, as chairman, and the Secretary of the Interior, the Secretary of the Treasury, the Secretary of Agriculture, the Secretary